The First Amendment clearly states that Congress “shall make no law … abridging the freedom of speech.” The Supreme Court has also ruled that this applies to state and local governments.
Yet, much to the chagrin of Sen. Josh Hawley, it doesn’t mean you’re entitled to a book deal. The Missouri Republican seems to think otherwise, as he showed in a Thursday tweet.
What prompted it all was the news that publisher Simon & Schuster had canceled his book contract in light of Hawley’s effort to challenge states’ electors during Wednesday’s joint session of Congress, and the deadly violence at the Capitol that interrupted it.
“After witnessing the disturbing, deadly insurrection that took place on Wednesday in Washington, D.C., Simon & Schuster has decided to cancel publication of Hawley’s forthcoming book, The Tyranny of Big Tech,” the publisher said in a press release.
“We did not come to this decision lightly,” the company continued. “As a publisher it will always be our mission to amplify a variety of voices and viewpoints: at the same time we take seriously our larger public responsibility as citizens, and cannot support Senator Hawley after his role in what became a dangerous threat to our democracy and freedom.”
The senator responded by attacking the publisher in a public statement.
“This could not be more Orwellian,” Hawley said. “Let me be clear, this is not just a contract dispute. It’s a direct assault on the First Amendment. … I will fight this cancel culture with everything I have. We’ll see you in court.”
My statement on the woke mob at @simonschuster pic.twitter.com/pDxtZvz5J0
— Josh Hawley (@HawleyMO) January 7, 2021
Whether the publisher pulling out of Hawley’s book deal is “cancel culture” is, at least, debatable. I, for one, think cancel culture more aptly applies to situations where people are excoriated for old viewpoints they have moved on from, or are besieged by woke mobs over mainstream opinions (attacks on election results by elected officials, not so much).
And the right to freedom of association is actually protected by the First Amendment. So, I don’t think choosing to disassociate with a U.S. senator who engages in egregious conduct is “cancel culture.”
One could also argue that it, in some sense, violates the nonlegal, social principle of free speech and open expression. I don’t think it does, but that’s arguable, at least. Whether it violates their contract is unclear from the outside, but Simon & Schuster said, “We are confident that we are acting fully within our contractual rights.”
Yet, the cancellation of a book deal is most certainly not a “direct assault” on the First Amendment. “Josh Hawley knows perfectly well that the First Amendment, which prohibits only the government from infringing on freedom of speech, is not offended by Simon & Schuster’s decision to back out of publishing his book,” First Amendment attorney Ari Cohn told me. “Simon & Schuster has its own First Amendment right to publish or not publish whatever it wants, and any government interference in that decision would be unconstitutional.”
The First Amendment “really, really doesn’t” apply here, Charles Koch Institute Senior Fellow for Free Speech and Toleration Casey Mattox told me. “I honestly don’t like Simon & Schuster doing this,” Mattox continued. “I don’t know how this doesn’t lead to demands to nix book deals from politicians who support a religious liberty bill, a pro-life bill, vote for Kavanaugh, etc. But Simon & Schuster is not ‘Congress.’”
Hawley’s statement seems especially ignorant, and even cynical, in light of the fact that he is a graduate of Yale Law School. “His conduct continues to be shameful to the legal profession,” Cohn concluded. Frankly, it’s worse than that.
Hawley’s recent antics are an embarrassment for our entire country. Perhaps the only upside of it all is that the senator’s 2024 presidential ambitions look done.
Brad Polumbo (@Brad_Polumbo) is a Washington Examiner contributor.
